Published in the September 19, 2018 edition
By DAN TOMASELLO
LYNNFIELD — The Board of Selectmen urged the Lynnfield Center Water District to make a series of changes last week.
Selectmen Chairman Dick Dalton proposed that the LCWD undertake a number of changes in the wake of residents living in the Apple Hill Lane, Chestnut Street, Cortland Lane and Lowell Street portions of town having discolored water.
“We fully understand the seriousness of this problem and we understand more needs to be done both short term and long term,” said Dalton in a statement.
Dalton recommended that the LCWD map all complaints made by residents impacted by discolored water and create a dedicated email and phone line to report water quality issues. He also recommended that the LCWD extend its rebate plan, which entails reimbursing residents up to $200 for purchasing water filters for their homes and having them installed by a licensed plumber.
Additionally, Dalton proposed that the LCWD adopt a policy prohibiting employees from serving on the LCWD Board of Water Commissioners. LCWD Superintendent Ken Burnham is currently serving as a water commissioner along with LCWD Board of Water Commissioners Chairwoman Constance Leccese and Water Commissioner Richard Lamusta.
Dalton recommended that the LCWD amend its bylaws in order to “ban employees from serving on the board during and for one year following the end of their employment by the district.”
“I don’t think it’s best practice to have an employee serving as a commissioner,” said Dalton during last week’s meeting.
Dalton also said Burnham will be retiring in the near future, and said the search for his successor should include “a full search committee made up of customers and a member of the Board of Selectmen to recommend finalists to (the) LCWD Board of Water Commissioners.”
“Just as we would have a succession plan if a key member of town government were leaving, they should do the same,” said Dalton.
The selectmen chairman proposed that the LCWD support “special legislation that would amend the composition of the three-member Board of Water Commissioners to designate the selection of one member by the Board of Selectmen.”
Dalton recommended that the LCWD “continue free household testing services.” He proposed that the LCWD “display all testing results” on its website. He said the LCWD should keep customers informed in writing about the possibility of joining or forming a partnership with the MWRA.
Lastly, Dalton amended his letter by proposing the LCWD create an advisory council.
“Just as this Board of Selectmen utilizes the very talented people we have in this community, I think it would be a mistake for them not to do the same,” said Dalton. “They have adopted some of what I suggested already, but I don’t think they have gone far enough in the manner which they conduct themselves for corporate governance.”
Selectmen Phil Crawford and Chris Barrett supported Dalton’s proposals.
“We should send this out as a board,” said Crawford about the recommendations. “A lot of it has to do with communication. There has to be better communication between the district and residents in the district. The goal is to push along the process. This has been going on for a couple of years, and we need to do whatever we can to move it along.”
Barrett agreed.
“We need to move this along for the residents who are affected,” said Barrett.
After the discussion, the selectmen unanimously voted to formally send the recommendations to the LCWD.
LCWD responds
LCWD Attorney Christopher Casey responded to Dalton’s proposals in a letter that was obtained by the Villager.
“The resolution, even if adopted by the Board of Selectmen, will have no legal force and effect against the LCWD,” Casey wrote. “As Chairman Dalton, himself, acknowledges in his resolution, ‘water service in the town of Lynnfield is not provided by the town government, but by two independent water districts chartered by the State Legislature.’”
While Casey said the LCWD did not object to some of Dalton’s proposals such as mapping complaints and developing a plan in writing for the scope of work that needs to be undertaken, he said the LCWD “absolutely opposes” extending the rebate program because Casey states the LCWD’s bylaws stipulate “no customer shall be entitled to damages or to have payment refunded.”
Casey said the LCWD’s bylaws stipulate the district “shall not be responsible for damages caused by dirty water resulting from the opening and closing of any gate for repairs, the use of any hydrant or breaking of any pipe.”
In regards to having Burnham serve as a LCWD water commissioner as well as superintendent, Casey said laws pertaining to the LCWD’s creation as well as the district’s bylaws do not prohibit “an employee of the LCWD from also serving on the board.”
Casey objected to Dalton’s proposal to have one member of the water commissioners appointed by the selectmen.
“This proposal is also subject to the objection that it would impermissibly compromise the independence of the LCWD, contrary to the express intent of the Massachusetts Legislature,” said Casey. “Thus, the LCWD unambiguously rejects this proposal.”
Casey also objected to Dalton’s proposal that a search committee be formed to find Burnham’s successor. He also said the LCWD is opposed to Dalton’s request to test discolored water at people’s homes because the LCWD’s regulations stipulate the district has “no liability” for a customer’s pipes.
“Once the water leaves the public mains system and enters the customer’s pipes, the LCWD cannot be held responsible for any contamination that may be caused by those instrumentalities that are within the customer’s exclusive custody and control,” said Casey.
Casey said the LCWD supports Dalton’s request to create a customer mailing list and social media presence in order to notify residents about meetings, district bylaws, budgets, projects and warrant articles.
LWD weighs in
In addition to the LCWD responding to Dalton’s proposal, the Lynnfield Water District, which services South Lynnfield, sent a letter to the selectmen.
“Mr. Dalton’s proposal on the LCWD water issue is comprehensive and far reaching,” wrote LWD Water Commissioners Ruth McMahon, John Harrigan and Stephan Rondeau. “We acknowledge the critical and urgent nature of the LCWD’s challenges, and are willing to explore all avenues through which we can support their resolution. However, we respectfully note that the district neither expects to be affected by any selectmen-sponsored legislation, nor expects that its customers will absorb or bear any of the costs associated with facilitating the provision of MWRA water to the LCWD.”
